kreisman wrote:
A Legal Lohengrin wrote:
I wonder if Orly understands that generally, one takes the deposition of the other side's witnesses. If so, she has no clue why. I also wonder if she thinks she can use this dumb deposition without the witness being present in Mississippi available for cross examination.
Attorneys often take the depositions of their favorable witnesses if they live out of state (or they are someone who might not be able to attend the trial, i.e., a physician). The depositions are usually notice as being for the preservation of evidence at trial. The opposing attorney will cross-examine the witness during the deposition as if the witness was live at trial. The deposition can be used at trial, subject to all the usual objections, as if the witness was physically present.
That Orly is taking the deposition of an out of state (out of Mississippi) witness is not unusual. She just cannot figure out the procedure that is necessary to take such a deposition.
That kind of deposition is generally of an expert witness or, in some cases, someone like a terminally ill plaintiff or other witness who will physically be incapable of appearing or, quite often, is expected to be dead by the time of trial.
In the case of an expert witness, that type of witness is generally offering an
opinion. Their demeanor and honesty are not generally an issue, but their expertise to offer such an opinion.
In this case, it is a fact witness who is expected to commit perjury. There is no adequate substitute for the appearance of the witness and submission to the jurisdiction of the court before which the perjury will be submitted. If I were the other side, I would insist on her appearance within the jurisdiction of the court as there is no adequate reason for her absence.
(If I were the witness, I would be desperate to get out of this mess my lying mouth got me into, but luckily for her, if she wants to get out of it, Orly has served her, if at all, with worthless garbage.)